MHCO Legal Counsel

Phil Querin Q&A: Lease Renewal

 

Question:  I have recently revised all of our lease agreements including Oregon, where I have made substantial updates and changes. I understand that by law I have to give renewal notices 60 days in advance of a lease expiration if I want the tenant to continue on the newly proffered lease.I understand that pursuant to ORS 90.545, I am supposed to identify what is different in the new lease from the old one. Due to the number of changes I’ve made, it would be very difficult to identify and list them all. 

I’m wondering if I can just inform the residents that the new lease has numerous updates and that they should read it as if it were a completely new edition. 

 

The only other real option is to offer a redline version which would be so marked up it would be difficult  to read and understand. Can you check to see what would meet the requirements of the notice?

 

 

Phil Querin Q&A: Thirteen Year Old Boy Matures - Now Eighteen - Is He A Resident?

Question:  A family moves into a manufactured housing community with a thirteen year old boy.  Five years later the parents vacate the home but leave the boy who is now eighteen. Even though the eighteen year old was never subject to a background check, never signed a rental agreement etc., is he now a considered a resident?

 

 

Phil Querin: New MHCO Form 5E - For  Park-Owned - Resident Owned - SubLeasing (PortlandOnly)

 

 

Portland Housing Code 30.01.085 (Portland Renter Additional Protections), here, became effective on November 1, 2019.  For manufactured housing parks located in the City of Portland, the ordinance DOES NOT apply to rental spaces in which the tenant owns their home; it only applies to rental spaces in which the tenant is renting a park-owned home or subleasing a home from the owner. For purposes of this article, only park-owned homes will be addressed. However, in the event a tenant wishes to sublease a home – and it is permitted by the rules or rental agreement – park owners may discuss with the tenant his or her legal obligations under the Portland ordinances – not because there is a legal obligation to educate the tenant, but because of the financial consequences that can flow from ignoring the law.   


 

 

Phil Querin Q&A: Resident Drunken Disorderly Conduct - Shouting at Other Residents

Question:  We have a resident in the park who recently got into a verbal shouting match with another neighbor.  The resident was extremely intoxicated at the time and made threats and gestures that were very inappropriate and provocative.  There are some residents who want us to immediately issue a 24-hour notice.  However, until this incident, the resident has been a good tenant and never caused a problem.  How should we handle this?  This incident seems entirely out of character for this individual.
 

 

Phil Querin Q&A: Abandoned Home Sells - No Notice To Landlord - 60 Day Clock

Question: A member is near the end of an abandonment notice.  The former resident and owner of the home without notice to the landlord sells the "abandoned" home to another person.   Does the landlord have to send a new abandonment notice to the new owner and restart the 60 day clock?  

 

Phil Querin Q&A: Location of Fire Hydrants in Older Communities and Member Follow Up

 

QuestionIn March of this year a home in our community was destroyed by fire.  During the application process with the city and Marion County, it came to our attention that the Fire Marshall had contacted the city public works department, telling them that they needed to be contacted if our community made any placement applications to move a new home into the community.  The city would not accept our application.

 

Upon contacting the assistant Fire Marshall, she advised that any new homes within the community would have to be located within 600 feet of a fire hydrant.  She advised that this has been the requirement for approximately the last 15 years.  She explained that although there have been homes allowed to be placed in the park exceeding this distance within that time frame, the fact that they were more than 600 feet from the hydrant was apparently not an issue.

 

She further explained that the fire engines carry 600 feet of fire hose, and that during the March fire the responding fire fighters ran out of hose prior to reaching the fire.  A second fire engine was needed lay additional hose to the scene.  She said that until a solution was made to be able to supply a suitable water supply for firefighting, no homes could be placed in the park that are located more than 600 feet from the hydrant.

 

As an older park where the homes are quite vintage, this will obviously cause a major blow to our business in the future.  Are we in anyway protected or somehow "grandfathered" due to the age of our park? I can't imagine that we are the only park that may face similar situations.


 

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